TERMS AND CONDITIONS
Welcome to Westwind Counselling
These Terms and Conditions outline the rules and regulations for the use of Westwind Counselling's Website.
Westwind Counselling is located at: 1605 Victoria Ave., Brandon, Manitoba, R7A 1C1, Canada
By accessing this website, https://www.westwindcounselling.ca, we assume you accept these terms and conditions in full. Do not continue to use Westwind Counselling's website, https://www.westwindcounselling.ca, if you do not accept all of the terms and conditions stated on this page.
“Client”, “You”, “Your” and “User” refers to You, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” and “Operators”, refers to Westwind Counselling.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada.
“Website” refers to the website www.westwind.mb.ca, which is owned and operated by Westwind Counselling. This refers to all webpages including but not limited to the Westwind forum and all webpages that make up the Westwind Counselling branded website.
“Forum” refers to the Westwind Counselling Internet forum that is part of the Website where Users can hold conversations in the form of posted messages.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We, the Operators of the Website, provide it as a public service to our users. Your use of the Website and any dispute arising out of such use of the Website is subject to the laws of Manitoba, Canada.
Please carefully review the following rules that govern Your use of the Website. Please note that Your use of the Website constitutes Your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If You do not agree to them, do not use the Website, provide any personal information to the Website, interact on the Forum or download any materials from the Website.
The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes Your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage You to review these Terms and Conditions of Use whenever You use the Website.
Permitted and Prohibited Uses
The Website is comprised of material that is owned by the Operator. This material includes, but is not limited to, the design, graphics and copy.
You must not:
Republish material from the Website (including republication on another website);
sell, rent or sub-license material from the Website;
show any material from the Website in public;
reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
edit or otherwise modify any material on the Website; or
redistribute material from the Website [except for content specifically and expressly made available for redistribution].
Unless otherwise stated, Westwind Counselling own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view and/or print pages from https://www.westwind.mb.ca for Your own personal use subject to restrictions set in these terms and conditions.
You may use the Website for the sole purpose of exchanging ideas with other Users and/or researching information for Yourself and/or communicating with Westwind Counselling.
You may not use the Website to:
violate any applicable local, state, national, or international law;
to upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret;
to disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations You may have; or
to upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend Your access to and use of the Website and to suspend or revoke Your membership in the consortium.
The Operators note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
There are two ways for You to transmit data via the Website, one is by using the Forum and the other is via the Contact Form located at https://www.westwindcounselling.ca/contact.
Any material, information, or other communication You transmit or post ("Contributions") to the forum will be considered non-confidential. This information can be seen by other Users of the Forum.
Any material, information, or other communication You transmit via the Contact Form located at https://www.westwindcounselling.ca/contact will be considered confidential.
User Discussion Forums
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Westwind Counselling does not screen, edit, publish or review Comments prior to their appearance on the Website.
Comments do not reflect the views or opinions of Westwind Counselling, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Westwind Counselling shall not be responsible or liable for the
Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Website.
Westwind Counselling reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
Once You have been granted access to the Forum by Westwind Counselling, You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; and
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Westwind Counselling a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Comments in any and all forms, formats or media.
The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the Website at their discretion at any time.
You agree to provide true, accurate, current, and complete information when registering with the Website. It is Your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If You provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate Your account without notice and to refuse any and all current and future use of the Website.
Use of Personally Identifiable Information
You agree to defend, indemnify and hold harmless the Operators from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to Your use or misuse of the Website, including, without limitation, Your violation of these Terms and Conditions, the infringement by You, or any other subscriber or user of Your account, of any intellectual property right or other right of any person or entity.
These Terms and Conditions of Use are effective until terminated by either party. If You no longer agree to be bound by these Terms and Conditions, You must cease use of the Website. If You are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, Your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend Your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that You are in violation of these Terms and Conditions of Use.
Links to Other Websites and/or Materials
The Website may contain links to sites owned or operated by independent third parties. These links are provided for Your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website.
If You decide to access any of the third party sites linked to by the Website, You do this entirely at Your own risk. Because some sites employ automated search results or otherwise link You to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and You hereby irrevocably waive any claim against us with respect to such sites.
Notification of Possible Copyright Infringement
In the event You believe that material or content published on the Website may infringe on Your copyright or that of another, please contact us at firstname.lastname@example.org.
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
The Website is hosted in the United States. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce;
dot.com community sites;
associations or other groups representing charities, including charity giving sites, online directory distributors;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b)the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
(c) fits within the context of the linking party's site.
If You are among the organizations listed above and are interested in linking to our website, You must notify us by sending an e-mail to email@example.com. Please include Your name, Your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of Your site, a list of any URLs from which You intend to link to our Web site, and a list of the URL(s) on our site to which You would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of Westwind Counselling’s logo or other artwork will be allowed for linking absent a trademark license agreement.
We reserve the right at any time and in its sole discretion to request that You remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, You agree to be bound to and abide by these linking terms and conditions.
Content Liability: We shall have no responsibility or liability for any content appearing on Your Web site. You agree to indemnify and defend us against all claims arising out of or based upon Your Website. No link(s) may appear on any page on Your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.